David Byron Russ v. State of Florida — Pariente, J., Concurring

Summary

The concurrence agrees with affirming the murder conviction and death sentence. It emphasizes that a defendant's waiver of mitigation does not relieve the trial court of its duty to independently consider credible, uncontroverted mitigation and ensure a reliable, lawful capital sentencing process. The concurrence also endorses appointing special counsel to investigate and present available mitigation when a defendant waives mitigation.